Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Nikhil Gupta (Management Consultant)     01 January 2018

Criminal contempt petition for ongoing case

If a case is ongoing in a Tribunal / Civil court and any party to the suit does an action which is a criminal contempt of court, then where does the application for Contempt be initiated? In the same court ? or elsewhere ? 



Learning

 4 Replies

R.Ramachandran (Advocate)     01 January 2018

Have you consulted your lawyer to first know whether there was any contempt at all?  Then did you consult him how to proceed?

Nikhil Gupta (Management Consultant)     02 January 2018

After the plaintiffs instituted the suit against some people of the management committee of a co-op society, these people imposed penalty on the plaintiffs using their official position. This is a revengeful action taken by them to suppress the plaintiffs. My lawyer advised to file defamation instead of contempt. But I feel that it is interference in the process of justice

R.Ramachandran (Advocate)     02 January 2018

It is neither defamation, nor contempt of court.

If you are aggrieved against the actions of the Management Committee, you can take up appropriate legal action, if so advised, in appropriate forum.  But certainly, as already stated by me, the action by the Management Committee neither constitutes defamation, nor contempt of court, nor does it in any manner interfere with the administration of justice as is being made out by you.

Nikhil Gupta (Management Consultant)     02 January 2018

Let me elaborate the case in detail:

An administrator cum returning officer was appointed after dissolving the committee by the office of registrar of co-op societies. This person conducted elections and violated the rules of eligibility as per Co-op societies act to benefit few to let them run for elections. These people won elections and became part of committee. One of them became secretary, another treasurer. Now, their elections was challanged immediately in the co-op court. The Adm cum RO along with these 4 people are made parties( Defendants) and registrar as performa party. Accordingly the Adm cum RO was supposed to exit after elections, but he did not as he had appointment of another month as per letter of Registrar. Now, after receiving summons, the Adm cum RO released an order and imposed penalty of 25 thousand each on all 3 plaintiffs citing the reason that these people are instituting cases against the society and society does not have funds to meet the legal expenses. so these people shall deposit the amount for legal expense funds.  This letter was co-signed by these same people as Management committee members. It is to be noted that the case was not instituted against the committee or the society but these people in their individual capacites challangening their elections. Committee includes 9 members and challanged was against the specific 4 people out of this due to violation. 

1) Case is against persons and not committee / society

2) After election, how can 2 authorities co-exist ( Adm as well as committee)

3) After deciding the merits of the case, only court can impose cost on parties.

4) Is this not clearly an act of misusing the position by Administrator ( because he was defendant) and others who used the platform of Managing committee to show that this case is against the society though its not in actual.

5) The matter is subjudice and doesn't this act of these committee members interefers with jusice process ?

6) The order was pasted on the notice board of the society and all 3 plaintiffs were mentioned in that order. is it not defamation also  ?

7) In what legal capacity these people can impose the penalty ?

I hope you will be able to provide the revised opinion based on above 

Rgds

Nikhil


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register